Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20651 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Bhola Rai Son of Brij Mohan Rai Resident of Village - Sandha, P.S. - Chapra Muffasil, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Srivastva For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Chapra Muffasil P.S. Case No. 85 of 2022, registered for the offence punishable under Section 30(a)(C) of the Bihar Prohibition and Excise Act, 2016.

140 litres of illicit liquor has been recovered from brewery of co-accused.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner has been made accused in this case on the basis of confessional statement of coaccused Kavinder Rai who was apprehended on the spot. Counsel for the State vehemently opposed the bail application and submitted that petitioner has got criminal

Patna High Court CR. MISC. No.20651 of 2022(2) dt.22-07-2022 2/2 antecedent of similar nature.

Considering the similar nature of criminal antecedent of petitioner, I am not inclined to enlarge the petitioner abovenamed on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act.

(Prabhat Kumar Singh, J) vinita/- U T